Credit: Shutterstock NJ Supreme Court: Burden Not on Plaintiff to Show 'Special Reasons' to Permit Neutral Third-Party Observation of Defense Medical Exam
"A DME is also unique in our adversarial system," Justice Rachel Wainer Apter wrote for the court. "It is the only instance in which a defense expert may conduct discovery on a plaintiff without plaintiff's counsel present."
June 16, 2023 at 12:10 PM
7 minute read
The New Jersey Supreme Court affirmed the core holdings of an Appellate Division decision as to who may attend a defense medical examination and whether it may be recorded, but the high court declined to place the burden on the plaintiff to show special reasons as to why third-party observation or recording should be permitted in each case.
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